Consultation on guidance on new duty to prevent sexual harassment

Employers should prepare for the new duty to prevent sexual harassment in the workplace, which comes into effect on 26 October 2024. The Equality and Human Rights Commission (EHRC) has published draft guidance on the new duty (amending its Technical Guidance on Sexual harassment and harassment at work) and is consulting on the draft amendments until 6 August 2024. The draft guidance makes clear that the duty is anticipatory in nature, meaning employers should think about ways it may prevent sexual harassment in the workplace, having regard to the nature of the work and the size and resources of the employer.

While legislation has not been introduced to make employers liable for third-party harassment, the duty to prevent harassment will be breached if the actions of third parties are not factored into the risk assessment of how to prevent sexual harassment from occurring. A holistic approach will be required when it comes to implementing the duty, meaning an employer should review their current approach to identifying risks of sexual harassment, processes for mitigating risks, training, communications and processes for dealing with complaints. Where the duty has been breached, EHRC may take enforcement action against employers; employment tribunals may apply an uplift of up to 25% for sexual harassment cases.

Consultation on code of conduct for directors

The Institute of Directors (IOD) recently published a consultation on a new code of conduct for directors. The code represents a voluntary commitment and is not intended to hold back directors or create a new burden of compliance. It would be applicable to directors of public and private organisations of all sizes and would not add to directors' current legal obligations under the Companies Act 2006. Rather it is intended to set a bar for director conduct beyond the legal baseline as a means of "enhancing the legitimacy and reputation of directorship in the eyes of society and stakeholders". The Code is structured around six key Principles of Director Conduct which are leading by example, integrity, transparency, accountability, fairness and responsible business. Feedback on the Code should be submitted by 16 August.